Last assignment: Nebraska Statute questions—(Gary, Josh, and Veronica)This part due to be posted by July 30h.
Nebraska Statute questions Please discuss these questions within your group. Post your responses on the Discussion Board in the Nebraska Statue folder.
1) Nebraska state statute 79-824 (4) defines reasons for "just cause" to terminate to be: (8 reasons).
Just cause means: (a) Incompetency, which includes, but is not limited to, demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or administrative skills; (b) neglect of duty; (c) unprofessional conduct; (d) insubordination; (e) immorality; (f) physical or mental incapacity; (g) failure to give evidence of professional growth as required in section 79-830; or (h) other conduct which interferes substantially with the continued performance of duties;
2) In Nebraska how often does a non-tenured teacher need to be evaluated and for what length of time. (79-828)
The non-tenured teacher must be evaluated at least once per semester for at least one entire instructional period.
3) Why is April 15th an important date in the non-renewal or termination of a teacher?
Any probationary or permanent certificated employee whose contract of employment may be amended, terminated, or not renewed for the next school year shall be notified in writing on or before April 15 of each year of such possible action on the contract.
4) In the Nebraska Student Discipline act what are the reasons that a student may be expelled? (10)
Students may be expelled if the following acts occur on school grounds, at a school event, or in a school owned vehicle. 1. Violence, Force, etc. 2. Willful Damage or Theft of Property. 3. Causing Personal Injury. 4. Extortion. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student. 5. Weapons. Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon. 6. Controlled Substances, Imitations, Alcohol. Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance (drug) or an imitation controlled substance, or alcoholic liquor or being under the influence of a controlled substance or alcoholic liquor. 7. Public Indecency. As defined in Neb. Rev. Stat. section 28806, except that this subdivision shall apply only to students at least twelve (12) years of age but less than nineteen (19) years of age; 8. Sexual Assault/Bullying
9. Other Activities. Engaging in any other activity forbidden by the laws of the State of Nebraska
which activity constitutes a danger to other students or interferes with school purposes. 10. Violating Rules and Standards. A repeated violation of any rules and standards validly established that interference with school purposes. It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a student who is truant, tardy, or otherwise absent from required school activities.
5) Describe the differance between the due process requirements of a short term suspension and an expulsion?
Short Term Suspension 1.Investigation. Short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary:
(i) to help any student;
(ii) to further school purposes; or
(iii) to prevent an interference with school purposes. 2. Notice of Charges. Before such short-term suspension shall take effect, the student shall be given oral or written notice of:
(i) the charges against him or her;
(ii) an explanation of the evidence the authorities have; and
(iii) an opportunity to present his or her version. 3 . Written Statement. Within twenty-four (24) hours or such additional time as is reasonably necessary following such suspension, the principal shall send a written statement to the student and his or her parent/guardian describing:
(i) the student’s conduct, misconduct, or violation of the rule or standard, and
(ii) the reasons for the action taken. 4. Principal/Parent Conference. The principal shall make a reasonable effort to hold a conference with the parent or guardian before or at the time the student returns to school.
Expulsion 1. Written Charge and Summary of Evidence. a. File with Superintendent. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the superintendent. b. Send Written Notice. The school shall, within two (2) school days of the decision, send written notice by registered or certified mail to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act. [Ref. 2. Written Notice. Written notice must include the following: a. Violation and Summary of Evidence. The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the evidence to be presented against the student. b. Recommended Penalty. The penalty, if any, which the principal has recommended in the charge and any other penalty to which the student may be subject. c. Right to Hearing. A statement that, before long-term suspension, expulsion, or mandatory reassignment for disciplinary purposes can be invoked, the student shall have a right to a hearing, upon request, on the specified charges. d. Hearing Procedures. A description of the hearing procedures provided by the act, along with procedures for appealing any decision rendered at the hearing. e. Examine Evidence and Witnesses. A statement that the principal, legal counsel for the school, the student, the student’s parent, or the student’s representative or guardian shall have the right to:
(i) examine the student’s academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct and
(ii) know the identity of the witnesses to appear at the hearing and the substance of their testimony. f. Request for Hearing Form. Aform on which the student, the student’s parent, or the student’s guardian may request a hearing to be signed by such parties and delivered to the principal or superintendent in person or by registered or certified mail.
6) In Nebraska what is the definition of a firearm? (Nebraska Student Discipline act).
The term, “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.
The term “destructive device” means-
(A) any explosive, incendiary, or poison gas-(i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having a explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses.
7) An expulsion shall not exceed the remainder of the semester. Can it be modified?
Duration of Expulsion. Except for the expulsion offenses listed above, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred:
(i) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or
(ii) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the provisions of subsection (5) of this section. b. Modification.Such action may be modified or terminated by the school district at any time during the expulsion period.
8) When a student possesses or used a firearm in a school what is the required time that the student must be expelled? How may it be modified?
Each school district shall adopt a policy requiring the expulsion from school for a period of not less than one [calendar] year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm: (a) on school grounds, (b) in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or (c) at a school-sponsored activity or athletic event. [Ref. § 79-263(1)] The policy shall authorize the superintendent or the school board or board of education to modify the expulsion requirement on an individual basis. [Ref. § 79-263(1)]
9) Why is a tenured teacher's due process more formal?
Tenure was designed to protect competent and effective teachers from dismissal due to special-interest groups and political factions. Tenured teachers may be dismissed only for specified reasons that are based on objective and documentable evidence and due process procedures should be followed to ensure that dismissal decisions are legally defensible. Thus, individuals who have an objectable dismissal are allowed a formal due process hearing wherein evidence must be presented in support of the reasons given for dismissal and the teacher shall be permitted to produced related evidence as well. The board then shall render the decision based upon the production of evidence at the hearing. Further, the employment of a tenured teacher is considered a "property interest". Therefore, tenured teachers must be provided due-process rights under the 14th amendment to ensure that they are not deprived of a federally protected property interest.
10) When a minor student is removed from school grounds, what are the procedures that the principal should use? (Nebraska Student Discipline Act).
Consistent with any other lawful policy of the district, when the Principal or other school official releases a minor student to a peace officer as defined by Nebraska law, the Principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to such officer. The Principal shall inform the parent, guardian, or responsible relative of the place to which the minor is reportedly being taken unless the minor has been taken into custody as a victim of suspected child abuse in which case, the Principal or school official shall provide the authority by whom the minor has been taken into custody with the address and telephone number of the minor's parent or guardian or other responsible relative.
11) A student has hit another student. What procedures would you use? Let's assume that you are going to recommend expulsion
If I recommended expulsion the following procedures must the followed as provided in Neb. Rev. Stat. section 79268. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the superintendent. The school shall, within two school days of the decision, I must send written notice by registered or certified mail to the student, and his or her parent or guardian informing them of the rights established under the Student Discipline Act and applicable Nebraska law.
The written notice is a comprehensive legal document that must include detailed information. The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for expulsion, hitting another student, including a summary of the evidence to be presented against the student and the penalty, in this case expulsion, which has been recommended in the charge. The notice must include a statement that, before expulsion can be invoked, the student shall have a right to a hearing, upon request, on the specified charges. A description of the hearing procedures provided by the act, along with procedures for appealing any decision rendered at the hearing. A statement that the principal, legal counsel for the school, the student, the student's parent, or the student's representative or guardian shall have the right (i) to examine the student's academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct, and (ii) to know the identity of the witnesses to appear at the hearing and the substance of their testimony.
I must include a form on which the student, the student's parent, or the student's guardian may request a hearing to be signed by such parties and delivered to myself or the superintendent in person or by registered or certified mail as prescribed in sections 79271 and 79272 of Nebraska Statutory Law.
When a notice of intent to discipline the student by expulsion is filed with the district superintendent, the student may be suspended by the principal until the date expulsion takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes there out of his or her findings and a recommendation of the action to be taken to the superintendent, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers.
Finally, upon expulsion, the school district will offer an alternative program, designed by the principal.
Last assignment: Nebraska Statute questions—(Gary, Josh, and Veronica) This part due to be posted by July 30h.
Nebraska Statute questions
Please discuss these questions within your group. Post your responses on the Discussion Board in the Nebraska Statue folder.
1) Nebraska state statute 79-824 (4) defines reasons for "just cause" to terminate to be: (8 reasons).
Just cause means: (a) Incompetency, which includes, but is not limited to, demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or administrative skills; (b) neglect of duty; (c) unprofessional conduct; (d) insubordination; (e) immorality; (f) physical or mental incapacity; (g) failure to give evidence of professional growth as required in section 79-830; or (h) other conduct which interferes substantially with the continued performance of duties;
2) In Nebraska how often does a non-tenured teacher need to be evaluated and for what length of time. (79-828)
The non-tenured teacher must be evaluated at least once per semester for at least one entire instructional period.
3) Why is April 15th an important date in the non-renewal or termination of a teacher?
Any probationary or permanent certificated employee whose contract of employment may be amended, terminated, or not renewed for the next school year shall be notified in writing on or before April 15 of each year of such possible action on the contract.
4) In the Nebraska Student Discipline act what are the reasons that a student may be expelled? (10)
Students may be expelled if the following acts occur on school grounds, at a school event, or in a school owned vehicle.
1. Violence, Force, etc.
2. Willful Damage or Theft of Property.
3. Causing Personal Injury.
4. Extortion. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student.
5. Weapons. Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon.
6. Controlled Substances, Imitations, Alcohol. Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance (drug) or an imitation controlled substance, or alcoholic liquor or being under the influence of a controlled substance or alcoholic liquor.
7. Public Indecency. As defined in Neb. Rev. Stat. section 28806, except that this subdivision shall apply only to students at least twelve (12) years of age but less than nineteen (19) years of age;
8. Sexual Assault/Bullying
9. Other Activities. Engaging in any other activity forbidden by the laws of the State of Nebraska
which activity constitutes a danger to other students or interferes with school purposes.
10. Violating Rules and Standards. A repeated violation of any rules and standards validly established that interference with school purposes. It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a student who is truant, tardy, or otherwise absent from required school activities.
5) Describe the differance between the due process requirements of a short term suspension and an expulsion?
Short Term Suspension
1. Investigation. Short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary:
(i) to help any student;
(ii) to further school purposes; or
(iii) to prevent an interference with school purposes.
2. Notice of Charges. Before such short-term suspension shall take effect, the student shall be given oral or written notice of:
(i) the charges against him or her;
(ii) an explanation of the evidence the authorities have; and
(iii) an opportunity to present his or her version.
3 . Written Statement. Within twenty-four (24) hours or such additional time as is reasonably necessary following such suspension, the principal shall send a written statement to the student and his or her parent/guardian describing:
(i) the student’s conduct, misconduct, or violation of the rule or standard, and
(ii) the reasons for the action taken.
4. Principal/Parent Conference. The principal shall make a reasonable effort to hold a conference with the parent or guardian before or at the time the student returns to school.
Expulsion
1. Written Charge and Summary of Evidence.
a. File with Superintendent. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the superintendent.
b. Send Written Notice. The school shall, within two (2) school days of the decision, send written notice by registered or certified mail to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act. [Ref.
2. Written Notice. Written notice must include the following:
a. Violation and Summary of Evidence. The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the evidence to be presented against the student.
b. Recommended Penalty. The penalty, if any, which the principal has recommended in the charge and any other penalty to which the student may be subject.
c. Right to Hearing. A statement that, before long-term suspension, expulsion, or mandatory reassignment for disciplinary purposes can be invoked, the student shall have a right to a hearing, upon request, on the specified charges.
d. Hearing Procedures. A description of the hearing procedures provided by the act, along with procedures for appealing any decision rendered at the hearing.
e. Examine Evidence and Witnesses. A statement that the principal, legal counsel for the school, the student, the student’s parent, or the student’s representative or guardian shall have the right to:
(i) examine the student’s academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct and
(ii) know the identity of the witnesses to appear at the hearing and the substance of their testimony.
f. Request for Hearing Form. Aform on which the student, the student’s parent, or the student’s guardian may request a hearing to be signed by such parties and delivered to the principal or superintendent in person or by registered or certified mail.
6) In Nebraska what is the definition of a firearm? (Nebraska Student Discipline act).
The term, “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.
The term “destructive device” means-
(A) any explosive, incendiary, or poison gas-(i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having a explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses.
7) An expulsion shall not exceed the remainder of the semester. Can it be modified?
Duration of Expulsion. Except for the expulsion offenses listed above, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred:
(i) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or
(ii) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the provisions of subsection (5) of this section.
b. Modification. Such action may be modified or terminated by the school district at any time during the expulsion period.
8) When a student possesses or used a firearm in a school what is the required time that the student must be expelled? How may it be modified?
Each school district shall adopt a policy requiring the expulsion from school for a period of not less than one [calendar] year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm: (a) on school grounds, (b) in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or (c) at a school-sponsored activity or athletic event. [Ref. § 79-263(1)] The policy shall authorize the superintendent or the school board or board of education to modify the expulsion requirement on an individual basis. [Ref. § 79-263(1)]
9) Why is a tenured teacher's due process more formal?
Tenure was designed to protect competent and effective teachers from dismissal due to special-interest groups and political factions. Tenured teachers may be dismissed only for specified reasons that are based on objective and documentable evidence and due process procedures should be followed to ensure that dismissal decisions are legally defensible. Thus, individuals who have an objectable dismissal are allowed a formal due process hearing wherein evidence must be presented in support of the reasons given for dismissal and the teacher shall be permitted to produced related evidence as well. The board then shall render the decision based upon the production of evidence at the hearing. Further, the employment of a tenured teacher is considered a "property interest". Therefore, tenured teachers must be provided due-process rights under the 14th amendment to ensure that they are not deprived of a federally protected property interest.
10) When a minor student is removed from school grounds, what are the procedures that the principal should use? (Nebraska Student Discipline Act).
Consistent with any other lawful policy of the district, when the Principal or other school official releases a minor student to a peace officer as defined by Nebraska law, the Principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to such officer. The Principal shall inform the parent, guardian, or responsible relative of the place to which the minor is reportedly being taken unless the minor has been taken into custody as a victim of suspected child abuse in which case, the Principal or school official shall provide the authority by whom the minor has been taken into custody with the address and telephone number of the minor's parent or guardian or other responsible relative.
11) A student has hit another student. What procedures would you use? Let's assume that you are going to recommend expulsion
If I recommended expulsion the following procedures must the followed as provided in Neb. Rev. Stat. section 79268. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the superintendent. The school shall, within two school days of the decision, I must send written notice by registered or certified mail to the student, and his or her parent or guardian informing them of the rights established under the Student Discipline Act and applicable Nebraska law.
The written notice is a comprehensive legal document that must include detailed information. The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for expulsion, hitting another student, including a summary of the evidence to be presented against the student and the penalty, in this case expulsion, which has been recommended in the charge. The notice must include a statement that, before expulsion can be invoked, the student shall have a right to a hearing, upon request, on the specified charges. A description of the hearing procedures provided by the act, along with procedures for appealing any decision rendered at the hearing. A statement that the principal, legal counsel for the school, the student, the student's parent, or the student's representative or guardian shall have the right (i) to examine the student's academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct, and (ii) to know the identity of the witnesses to appear at the hearing and the substance of their testimony.
I must include a form on which the student, the student's parent, or the student's guardian may request a hearing to be signed by such parties and delivered to myself or the superintendent in person or by registered or certified mail as prescribed in sections 79271 and 79272 of Nebraska Statutory Law.
When a notice of intent to discipline the student by expulsion is filed with the district superintendent, the student may be suspended by the principal until the date expulsion takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes there out of his or her findings and a recommendation of the action to be taken to the superintendent, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers.
Finally, upon expulsion, the school district will offer an alternative program, designed by the principal.